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8/19/2019 MSU Law Amicus Spring 2014
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M I C H I G A N S T A T E U N I V E R S I T Y C O L L E G E O F L A W
AmicusSPRING 2014
INSIDE THIS ISSUE
Kelley Institute Hosts Senator Levin Talk on “Nuclear Option”
MSU Law Honors TPI Founding Director John Pirich
Leader Cultivates DCL–MSU Affiliation, Finds Spartan Roots
Alternative Dispute ResolutionTRAINING TOMORROW’S PROBLEM-SOLVERS
8/19/2019 MSU Law Amicus Spring 2014
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In This Issue
12Alternative Dispute ResolutionTRAINING TOMORROW’S PROBLEM-SOLVERS
MANAGING EDITOR
Erika Marzorati, ’13
CONTRIBUTING WRITERS
Tina Kashat Casoli
April Jones
Erika Marzorati, ’13
Diane Mattick
Brett Polen
Sheila Pursglove
Ann Marie Scholten
PHOTOGRAPHY
Tom Gennara
Ann Marie Scholten
Kimberly Wilkes
MSU Communications and Brand Strategy
Jeffrey Zenner
DESIGN
Brenda J. Sanborn
Marina Csomor, Intern
BOARD OF TRUSTEES
Lou Anna K. Simon, President
Linda M. Orlans, ’87, Chair
Frederick D. Dilley, ’75, Vice Chair
Raymond R. Behan, ’60
Hon. M. Scott Bowen
Elaine Fieldman, ’76
Clif Haley, ’61, President Emeritus
Charles A. Janssen
Maurice G. Jenkins, ’81
Charles E. Langton, ’87
Douglas Laycock
Hon. David W. McKeague
Richard D. McLellan
Colleen M. McNamara
Michael G. Morris, ’81
Bryan T. Newland, ’07
James M. Nicholson
Donald Nystrom, ’00
Stacy L. Erwin Oakes, ’01
David L. Porteous
G. Scott Romney
TRUSTEES EMERITI
Hon. Marianne O. Battani, ’72
Joseph J. Buttigieg III, ’75
Richard W. Heiss, ’63, President EmeritusEdwin W. Jakeway, ’61
Hon. Norman L. Lippitt, ’60
John D. O’Hair, ’54
Peter J. Palmer, ’68
Kenneth J. Robinson
John F. Schaefer, ’69
David J. Sparrow, ’51 (posthumous)
Hon. Richard F. Suhrheinrich, ’63,
President Emeritus
ALUMNI ASSOCIATION
BOARD OF DIRECTORS
Brian Hall, ’07, President
Howard Victor, ’77, President-Elect
Karolyn Bignotti, ’09, Vice President
Bryan Melvin III, ’77, Treasurer
Octavio Duran Jr., ’11, Secretary
Daniel Bliss, ’87, Parliamentarian
Anthony Beckneck, ’11
Ugo Buzzi, ’08
Sherri Marie Carr, ’07
Mario Cascante, ’10
Jerome Crawford, ’12
Ronald Estes, ’05
Kimberly Gehling, ’11
James Geroux, ’70
Colleen Kelly Gomos, ’07
Beverly Helm, ’80
Elinor Jordan, ’11
Todd Levitt, ’92
Aaron Lloyd, ’10
Brian T. Lynch, ’05
Jeffery Sattler, ’08
8/19/2019 MSU Law Amicus Spring 2014
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Amicus is published by Michigan State University College of Law, Law College B uilding, 648 N. Shaw Lane, Ro om 320, East Lansing, MI 48 824-1300. Reproduction or use, in whole or in part, byany means and without the express written consent of the publisher, is prohibited. Manuscripts, artwork, and photographs are submitted at the sender’s risk; please enclose a self-addressed,
stamped envelope requesting return of material. The magazine and its associated par ties and agencies assume no responsibility for unsolicited materials and reserve the right to accept or reject
any editorial material. Submission of letters implies the right to reproduce same in magazine. Views expressed herein are not necessarily those of this magazine or the Law College. No article herein
shall constitute an endorsement by this magazine, the Law College, or the persons and organizations associated with it.
Michigan State University College of Law programs, activities, and facilities shall be available to all without regard to race, color, genetic information, gender identity, religion, national origin,
political persuasion, sexual orientation, marital status, disability, height, weight, veteran status, age, or familial status. Ne ither Michigan State University nor the State of Michigan is liable for any
financial obligation incurred by Michigan State University College of Law. The Law College is an indepe ndent institution that is not financially supported by MSU or the State.
A Message from the Dean .............................................................. ...................2
Kelley Institute Hosts Senator Levin Talk on “Nuclear Option” .........3
Board of Trustees Welcomes New Members .............................................4
MSU Law Honors TPI Founding Director John Pirich.............................5
Congratulations, Graduates! ............................................................................. 6
Outstanding Advocates...................................................................................... 8
MSU Law Welcomes New Faculty Members ............................................. 11
ALTERNATIVE DISPUTE RESOLUTION:
TRAINING TOMORROW’S PROBLEM-SOLVERS ..................................... 12
Scholarly Events ........................................................... ....................................... 18
Talsky Center News ................................................................ ............................ 21
ReInvent Law Laboratory News ............................................................... ..... 21
Faculty Highlights.............................................................................................. 22
A Message from the Office of Advancement ......................................... 24
Sports and Entertainment Law Experts Share Stories ....................... 25
Alumni Create LGBT Scholarship................................................................. 25
Archer to Chair ABA Task Force on
Cost of Attending Law School ...................................................................... 25
Leader Cultivates DCL–MSU Affiliation, Finds Spartan Roots ......... 26
Alum Grateful For Law Degree, Supports DCL Plaza.......................... 28
MSU Law on the Road ................................................................ ...................... 29
» Los Angeles Area Grads Gather around Holidays
» BLSA Honors Alumni and Members
» MSU Law Heads to Boca Raton
» Honigman Sponsors Kalamazoo Alumni Reception
» Macomb County Alumni Show Support
» Foster Swift Hosts Law Review Reception
» Spartan Supporters Mingle in DC
»
JLS Raises Scholarship Support » MSU Law and the Great Outdoors
» Host an Upcoming Event!
Law Firms and Businesses are Up for a Challenge ...............................35
Class of 2014 Gives Back .......................................................... .......................35
Alumni Association Pledges $100,000 to MSU Law ........................... 36
Public Interest Law Society Raises $5,000 for Scholarship ............ 36
Classmates, Fellow Alumni Raise Funds
to Remember Carole Youngblood ...............................................................37
Donors Support Scholarships, Reduce Student Debt ......................... 38
»
Barrister’s Ball Scholarship » Alton “Tom” Davis Moot Court Scholarship
» Faculty Endowed Scholarship
» Jackson Lewis Labor and Employment Law Scholarship
» Michigan State Law Review Scholarship
» Noah Dobson Cooper Indigenous Law Scholarship
» Joseph A. Lupton Jr. Memorial Scholarship
Passionate about Public Service.................................................................. 40
Alumni Notes ........................................................................................................ 41
In Memoriam ............................................................ ............................................ 43
Circle of Friends .................................................................................................44
Upcoming Events .............................................................. ............... Back Cover
5 6
20
263
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Today’s successful lawyers
are defined by their ability
to effectively advocate for
clients well beyond the
courtroom. They are skilled
listeners, communicators,
and collaborators. They are
problem solvers.
This issue of Am ic u s
highlights our AlternativeDispute Resolution program.
The program—led by Professors Mary Bedikian and Brian
Pappas—offers Michigan State Law students the tools to solve
clients’ problems. Students learn negotiation, mediation, and
arbitration techniques in program coursework, and practice
their skills through school-sponsored ADR competition teams,
externships, and clinics.
The practice pays off. Our arbitration team brought home
their fifth straight regional championship last fall. The spring
semester was our mediators’ turn to shine, with students
earning a total of ten individual and team awards at twomediation tournaments. Our trial and appellate moot court
teams also won numerous honors and our Black Law Students
Association was named the region’s “Chapter of the Year,”
rounding out an impressive season for MSU Law students.
This issue also features many Law College community
members who work to solve important problems for their
clients, communities, and profession. Professors Barbara
O’Brien and Benjamin Edwards made national headlines
with new studies revealing dramatic failures in the criminal
justice and securities regulation systems, respectively. O’Brien
uncovered a disturbing rate of wrongful death sentences in
her work, while Edwards’ study showing holes in protections
for investors sparked calls for reform.
Professor Anne Lawton is working on U.S. Bankruptcy
Code reforms. Her goal is to make sure solutions are
appropriately tailored to actual—rather than perceived—
problems. Professor Adam Candeub has his eye on problems
that are just starting to percolate around popular mobilemedical applications.
The efforts of our alumni are similarly inspiring. Many—
including President Emeritus Clif Haley—made generous
donations to support key programs at the Law College.
Prominent alumnus Dennis Archer will address the crippling
problem of student debt at its roots as he leads an American
Bar Association task force on controlling the costs of
law school.
I am pleased to share the stories of Nida Samona, who paved
the way for Chaldean-American women in southeast Michigan,
and Maureen Thomas, often the only female in the room inher construction field work. Both help solve problems through
tireless volunteer work within their communities. Our
students are fortunate to have so many dedicated supporters
and outstanding role models.
As always, thank you to the many alumni and friends who
support Michigan State Law, both financially and with gifts of
time. Your generosity inspires us all and ensures the continued
success of MSU Law and our future problem solvers.
Warm regards,
Joan W. Howarth
Dean, Michigan State University College of Law
A MESSAGE from the Dean
8/19/2019 MSU Law Amicus Spring 2014
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Michigan State University College of Law’s Frank J. Kelley
Institute of Ethics & the Legal Profession hosted U.S. Senator
Carl Levin on December 6, 2013, for a talk on the political
tactic known as the “nuclear option.”
Last November, Senate Democrats used the hotly
contested procedure to prevent filibusters on certain
judicial nomi nations. Frustrated by Republican efforts to
block President Barack Obama’s nominees, the Democraticmajority changed the Senate rules to enable themselves
to cut off debate and allow confirmation votes with a
simple majority, rather than the two-thirds supermajority
previously required.
Levin, who voted against his party’s use of the nuclear
option—which he calls “changing the rules by violating the
rules”—discussed the ethical dimensions of a process that
allows the majority to alter Senate rules at will.
“Most people are interested in outcomes and results, and
don’t focus on process,” he observed. “But as lawyers—and
in this particular institute named after Frank Kelley, whichfocuses on ethics—the question of how you accomplish
something becomes very, very critical. It’s not just whether
you do it, but how you achieve it.”
Unlike the House of Representatives, Levin noted, “the
Senate is not a place, until now, where the majority rules
because the Senate is a place that protects the minority.”
Quoting Vice President Joe Biden, he added, “The nuclear
option abandons America’s sense of fair play.”
Levin closed the Institute’s annual lecture by urging current
and future rule-makers to find ways to compromise. “What
all of us have to do is now look for ways that we can, through
just if iable means, try to achieve the ends of government ,
which is to govern.” Citing other recent debates involving
the government shutdown and credit ratings, he added, “I
hope we can learn enough from those painful lessons to bring
about a more civil, a more thoughtful, and a more restrained,
approach to the problems that we must face together.”
Michigan’s longest-serving U.S. senator, Levin has wonsix U.S. Senate elections, the first in 1978. His first legal job
after graduating from Harvard Law School was under then
Michigan Attorney General Frank Kelley. Levin also served
as general counsel for the Michigan Civil Rights Commission
and spent seven years on the Detroit City Council.
“We were delighted to host Senator Levin for this year’s
lecture,” said Professor Hannah Brenner, who co-directs
the Kelley Institute. “Senator Levin’s firsthand connection
with our Institute’s namesake made this year’s lecture
particularly special.”
KELLEY INSTITUTEHosts Senator Levin Talk
on “Nuclear Option”
Named for Frank J. Kelley, the longest-serving attorney general in U.S.
history, the Kelley Institute builds upon the dedication, professionalism, and
ethical code that marked Kelley’s career, including his 37 years of service to
the State of Michigan. The Institute’s annual lecture is a cornerstone of the
effort to bring legal thought leaders to the MSU Law campus.
(from left) Frank Kelley, Professor Renee Knake, Professor Hannah Brenner,
Dean Joan Howarth, and U.S. Senator Carl Levin
(from left) Frank Kelley and
U.S. Senator Carl Levin
U.S. Senator Carl Levin
Frank J. Kelley institute of ethics
& the Legal Profession
8/19/2019 MSU Law Amicus Spring 2014
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The Michigan State University College of Law Board of
Trustees welcomed three new members this winter. All three
are Law College graduates.
“We are delighted to have three distinguished members of
the legal community join the Law College Board of Trustees,”
said Board Chair Linda Orlans, ’87. “Our new trustees
attribute much of their personal and professional success to
their legal education. Our commitment to supporting our Law
College has never been more important.”
Cary McGehee, ’89, a founding
partner of Pitt McGehee Palmer
Rivers & Golden, specializes in
employment and civil rights
litigation. She has successfully tried
cases involving retaliation and
sexual harassment, Family and
Medical Leave Act violations, and
all other forms of discrimination.
McGehee won the Public
Justice Foundation’s Trial Lawyer of the Year award and other
honors for her work in Neal v. Michigan Department of
Corrections—a class action lawsuit filed on behalf of more than500 female prisoners who were sexually assaulted by male
guards. A former professional basketball player and current
NCAA Division I women’s basketball official, McGehee was
elected Fellow of the College of Labor and Employment
Lawyers in 2012. She chairs the Michigan Coalition for Human
Rights Board of Directors, serves on the Michigan Association
for Justice Employment Law Committee, and is on the
advisory boards for the American Civil Liberties Union and
Michigan Interfaith Trust Fund.
Mayer “Mike” Morganroth, ’54,i s t h e se ni or p a r t ne r o f
Morganroth & Morganroth,
which he formed in 1989 with his
son, Jeffrey. A recognized expert
in a wide range of practice areas,
Morganroth has handled legal
matters in virtually every field of
law during his six-decade-long
career. He has performed both
plaintiff and defense work and has handled arbitrations,
mediations, and appeals in jurisdictions across the United
States and in Europe, the Middle East, Canada, and Latin
America. He also has served as a court-appointed facilitator
and expert witness.
Morganroth has also worked as an entertainment industry
consultant on several motion pictures and represented high-
profile clients in many widely publicized cases. His clients
have included lawyers, judges, politicians, professional athletes,
celebrities, and prominent union officials and businessmen.
Morganroth served as lead counsel in numerous high-stakes
cases, including several that resulted in multi-million-dollar
judgments and settlements in favor of his clients.
Jennifer Poteat, ’04, has a solo
legal practice in estate planning
and small business matters.
Poteat, who worked as a German
teacher specializing in advanced
placement tutoring before
attending Michigan State Law,
has long and varied experience
with nonprofit and philanthropicorganizations.
She has been a trustee of the Harry A. and Margaret D.
Towsley Foundation since 1991, has served as an associate
trustee of the Herbert H. and Grace A. Dow Foundation, and
is a trustee and board secretary for the Ann Arbor Area
Community Foundation. Poteat also sits on the Government
Relations Committee of the Council of Michigan Foundations
and the boards of the Michigan AIDS Coalition and the
Michigan League for Public Policy.
McGehee and Poteat were elected by the Law College Board inDecember and March, respectively. Morganroth was appointed by the
MSU Board of Trustees in December.
Board of Trustees WelcomesNEW MEMBERS
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Michigan State Law honored John Pirich, founding director
of the Geoffrey Fieger Trial Practice Institute, at a well-
attended breakfast reception on April 17.
Professor Pirich this year stepped down as director of the
Trial Practice Institute, a position he held since the program’s
creation 14 years ago. He also teaches courses in the rigorous
two-year certificate program known as one of the most
comprehensive trial practice programs in the country.
“We celebrate and thank John for the extraordinary work
he has done and continues to do for the Trial Practice
Institute,” said Dean Joan Howarth. “TPI is an incredibly
important program—not just here in the building, but one to
be emulated nationally.”
Howarth remarked on the “fundamental values of
friendship, family, work, and love” that exemplify Pirich’s
commitment to the program. “When John Pirich became a
teacher here at MSU Law, when he developed this program,
he fell in love with it,” she noted. “He is deeply engaged, and
he loves working with his students and seeing their best
futures ahead of them.”
“I know I speak for all of us today when I say thank you for
being a true mentor and for guiding us to success,” said
Veronica Valentine McNally, ’04, director of trial advocacyand Pirich’s former student. “We are, without a doubt, better
people because you were our professor. You have created a
legacy in this program that will last for decades to come. It
is an honor to follow in your footsteps.”
Pirich spoke of launching the intensive program just weeks
before the 2001 World Trade Center attacks. “It was a very
difficult time,” he recalled. The day after the attacks, Pirich
talked to his students about Robert Kennedy’s speech on the
night Dr. Martin Luther King was killed. “Kennedy said, ‘Let
us dedicate ourselves to what the Greeks wrote so many years
ago: to tame the savageness of man and make gentle the lifeof this world.’”
Thanking the crowd of current and former students, faculty
members, trustees, family members, and friends, Pirich offered
his hope for the future. “Let this be our goal: Make this a
better world. Be friendly and helpful and less judgmental, and
make it a better world.”
MSU LAW HONORSTPI Founding Director John Pirich
1. (from left) Dean Joan Howarth, Veronica Valentine McNally, ’04,
and Professor John Pirich
2. (from left) Professor John Pirich and David Foltyn, partner and
CEO of Honigman
3. (from left) Professor Michael Lawrence and Professor John Pirich
4. (from left) Professor John Pirich, the Honorable Barb Byrum, ’04,
and Charles Lawler, ’04
1
2
4
3
John Pirich is a partner at Honigman, where he represents clients in
a variety of high-stakes matters. An extremely experienced litigator
who regularly argues cases in state and federal courts at both the
trial and appellate levels, Pirich served as assistant attorney general
for the State of Michigan for three years before entering private
practice. In 2012, he was appointed by Governor Rick Snyder as chair
of the State of Michigan Board of Ethics after 11 years as a member.
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CONGRATULATIONS,GRADUATES!
Spring 2014 Commencement
“To the whole world, your clients are just people—
but to your clients, their cases are the whole world.
You are the key to making things right.
You are their champion.”
— Michigan Supreme Court Justice Brian Zahra
Am ic us | SPRI NG 2014
(from left) Michigan Supreme Court Justice Brian Zahra, Professor Philip Pucillo, Alumni Association Board President-Elect
Howard Victor, ’77, Board of Trustees Chair Linda Orlans, ’87, Class President Jason Lee, ’14, Dean Joan Howarth, and studentspeaker Anthony DeClercq, ’14
Michael Morris, ’81
8/19/2019 MSU Law Amicus Spring 2014
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Michigan Supreme Court Justice Brian Zahra emphasized
the importance of civility and integrity in his spring
commencement address to the Class of 2014 at Michigan
State University’s Breslin Center on May 9.
“What you say and do reflects not just upon you, but upon
the entire legal profession. Remember always that even if
your cause is right, you have no excuse to be rude or insulting.
Even if your cause is right, you have no excuse for not playing
by the rules,” Justice Zahra cautioned. “We all learned the
Golden Rule in kindergarten, and it applies here as well—
treat others as you want to be treated.
“To the whole world, your clients are just people—but to
your clients, their cases are the whole world,” he added. “You
are the key to making things right. You are their champion.”
Zahra was appointed to Michigan’s highest court by
Governor Rick Snyder and won election in November 2012.
He previously served on the Wayne County Circuit Court
and the Michigan Court of Appeals.
Michigan State Law Board of Trustees Chair LindaOrlans, ’87, and Dean Joan Howarth presided over the spring
graduation exercises. Law degrees were conferred on 325
spring graduates, including two Master of Jurisprudence,
13 Master of Laws, and 310 Juris Doctor candidates. A total of
62 fall 2013 and summer 2014 graduates also were recognized.
Michael Morris, ’81, received the Honorable George N.
Bashara Jr., ’61, Distinguished Alumni Award at the ceremony.
Morris, a member of the MSU Law Board of Trustees, pledged
$100,000 to create the Morris Family Scholarship. He recently
retired as chairman, president, and chief executive officer of
American Electric Power and previously held top positions
at several other major utility companies. He serves as a
director of the boards of Alcoa, Battelle, Limited Brands,
The Hartford Financial Services Group, and Spectra
Energy Corporation.
“Give back to those who have given to you the opportunity
to be a lawyer,” Morris said to the new class of alumni as he
accepted the honor. “Twenty-five years from now when you
stand in front of graduates who are just as eager as you to go
forward and change the world, remember to whom you owe
that gratitude.”
This year’s faculty speaker, Professor Philip Pucillo,
congratulated graduates for their “mind-blowing” will and
determination and offered words of encouragement on
challenges yet to come. “There will be times when again you
feel the uncertainty, when you feel the exhaustion, when you
feel like you just can’t give anymore. And sometimes you’re
just going to get knocked down,” he said.
“But sooner or later, with your face pressed firmly on
the floor, you will remember what you did here. You willremember what you are made of. You will remember that
you have been here before, and you have succeeded,” Pucillo
continued. “And you’re going to get up, and you’re going to
dust yourself off, and you are going to keep going. And you’re
going to do that again and again, and you will be successful
again and again.”
New graduate Anthony DeClercq also spoke at the event,
and class member Michael Dagher-Margosian performed the
national anthem. Class President Jason Lee presented the
class gift—a donation to support the Detroit College of Law
Plaza and Legacy Scholarship.
www.law.msu.edu
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10/52 Amicus | SPRI NG 2014
OUTSTANDING Advocates
Impressive Debut at NationalHispanic Bar CompetitionMichigan State Law 2Ls Jeanette Lugo and Kean
Zimmerman made an impressive showing at the Hispanic
National Bar Association’s 19th Annual Uvaldo Herrera
National Moot Court Competition.
Lugo and Zimmerman—the first team ever to represent
MSU Law at this national competition—won the Best
Petitioner Brief award and individually tied for Best Oral
Advocate. A total of 34 teams participated in this year’s
competition, which was held in Orlando. Professor Tiffani
Darden and several other professors helped the team
prepare for the event.
Top Team Mediation Prize atInternational TournamentMSU Law topped 51 teams to win first place in the mediation
category at the INADR International Law School Mediation
Tournament in Chicago. Students competed as both
mediation advocates and mediators at the event.
Team members included 2Ls Sarah Peters, Jessica
Saddler, and Erin Sweeney. Sweeney placed 7th out of 156
individual mediators. The trio advanced to the semifinal
round of 16 in the advocate/client category.
MSU Law’s team of 2L Brian Pike, 3L Lauren Prew, and 2L
Justin Williams also competed as mediators in the semifinals.
Second-year students Dennis Malecki and Annie Norwood
served as student coaches for the tournament.
(from left) Lugo and Zimmerman
(from left) Pike, Prew, Sweeney, Williams, Peters, Saddler, Malecki,
and Norwood
Students Win Multiple MidwestBLSA HonorsMichigan State Law earned a range of honors at the 2014
Midwest Region of the Black Law Students Association
(MWBLSA) Convention in Minneapolis. Cortenous (CJ)
Herbert Jr. and Tyler Soellinger—both 2Ls—won the Best
Respondent Brief award out of 74 submitted in MWBLSA’s
Frederick Douglass Moot Court Competition.
A team comprised of 3L Ariel Lett and 2Ls Curtis Doster
Jr., Vanessa Henderson, and Calvin Boyd took fourth place
in the conference’s Thurgood Marshall Mock Trial
Competition. MSU BLSA president, 3L Ndidi Okeagu, also
received a trophy for “outstanding leadership and service.”
MSU Law BLSA members later learned they were named
“Chapter of the Year” for the region, which includes more than
50 member schools across 12 states. The honor recognizes the
chapter’s contributions to the Law College and community.
Two Teams Make MootCompetition QuarterfinalsThe Law College boasted two of the top eight teams in the
10th Annual Williams Institute Moot Court Competition.
The event is the only national competition dedicated
exclusively to sexual orientation and gender identity law.
The event, held at UCLA School of Law, started with 32
teams; both MSU Law teams that competed placed in the
quarterfinals. Professor Nancy Costello coached the teams,
which included 2L Cameron Day, 3L Rachel Gruetzner,
3L Mary Elizabeth OShei, and 3L Kevin Stokes.
(clockwise, from top left) Stokes, Day, Costello, Gruetzner, and OShei
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2nd Place Finish in NiagaraInternational CompetitionMSU Law 3Ls Jason Bart, Dustin Kamerman, and Chelsey
Winchell and 2L Emma Gardiner took second place in the
Niagara International Moot Court Competition held in
Washington, DC.
The competition draws teams from Canada and the United
States to address a hypothetical dispute before the
International Court of Justice. This year’s issues involved
same-sex marriage under international law and paying
ransoms to terrorist groups. Judges included a former
Ambassador to Belgium and former U.S. Secretary of
Transportation Ray LaHood. Professor John Reifenberg and
Reference Librarian Janet Ann Hedin coached the team.
Moot Court Team Cements Spot inNational RankingsThe MSU Law Appellate Moot Court team finished strong at
the Andrews Kurth Moot Court Best of the Best National
Championship in January. Third-year students Lian
Anthony, Corinne Miller, and Scott Milligan placed fifth,
earning points toward the team’s national ranking.
(from left) Soellinger, Herbert, Doster, Henderson, Lett, Boyd, and Okeagu
(from left) Gardiner, Winchell, Hedin, Bart, Kamerman, and Reifenberg
(from left) Copland, Milligan, Miller, and Anthony
Arbitration Team Regional Champs for 5th Straight Year The Law College’s arbitration team won first place in the
regional American Bar Association Law Student Division
commercial arbitration competition. This was the fifth
straight year MSU Law claimed the regional title.
Team members included 3L Jalisa Foster, 2L Erin Frazer,
2L Paul Robertson, and 3L Samantha Schnoerr. Foster,
who was the competition alternate, had less than one week to
prepare after being asked to join the team for its trip to White
Plains, New York. Professor Mary Bedikian coached the
team, which placed second after the preliminary rounds, won
the semifinals, and swept the final round before a panel of
three trial judges and a Westchester County prosecutor.
(from left) Schnoerr, Robertson, Foster, and Frazer
The “Best of the Best” championship is an elite competition
open only to the top 16 schools based on 2012–13 rankings.
This was the first year MSU Law, which was ranked 15th in
2013, earned an invitation.
8/19/2019 MSU Law Amicus Spring 2014
12/52 Amicus | SPRI NG 20140
MSU Law Hosts, Earns Eight Awards at Mediation TourneyMSU Law hosted and earned eight awards at the Great Lakes
Mediation Tournament. More than 40 students from the U.S.
and Canada participated. MSU Law competitors included 3Ls
Lauren Prew and Kyle Sandefur and 2Ls Dennis Malecki,
Annie Norwood, Sarah Peters, Brian Pike, Jessica Saddler,
Erin Sweeney, and Justin Williams. Top honors include:
» Best Mediator: Peters
» 1st Place Client/Advocate: Malecki, Saddler
» 2nd Place Mediator Team: Norwood, Peters, Williams
» 2nd Place Client/Advocate Team: Malecki, Saddler, Prew
» 3rd Place Client/Advocate Team: Pike, Sandefur, Sweeney
All three competing MSU Law teams qualified for the final
four, though only one from each school was able to participate.
Nearly 40 mediators and attorneys volunteered as judges.
(clockwise, from top left) Pike, Sandefur, Malecki, Peters, Williams, Sweeney,
Saddler, Norwood, and Prew
(clockwise, from top left) Jeff Carter-Johnson, Leskie, Damon, Templeton,
Relucio, and Jennifer Carter-Johnson
(from left) Tatem, Lett, and DeMates
Jessup Team Reaches RegionalQuarterfinalsMSU Law competed in the Philip C. Jessup International Law
Moot Court Competition South Regional quarterfinals in
New Orleans in early March. The team included 3Ls Claire
Kaisler and Adaeze Teme, along with 2Ls Matthew
Dupree, Xiao Yan Huang, and Anne Strawbridge.
More than 20 teams addressed the hypothetical disputebefore the International Court of Justice involving party
rights to natural resources, fisheries, cultural heritage, and
activities on the high seas. Professors Bruce Bean and
Veronica Valentine McNally coached the team, with help
from teaching assistant Evgeniya Shakina.
Trial Team Wins RegionalsMichigan State Law topped teams from 11 other schools in
Michigan and Ohio to win the Texas Young LawyersAssociation National Trial Competition regionals in Cleveland.
MSU Law beat Cleveland–Marshall College of Law in the
final round to earn one of 28 spots at the 2014 National Trial
Competition finals in Austin, Texas. Patrick Duff, ’11, coached
the team, which included 3Ls Randall Tatem, Ariel Lett, and
James DeMates.
IP Team #2 in MidwestMichigan State Law took second place regionally in the Giles
Sutherland Rich Memorial Moot Court competition. Theevent focuses on patent and intellectual property law issues.
MSU Law sent two teams to the regionals in Chicago. 3Ls
Christian Damon and Michael Templeton finished second
among 26 teams, securing a spot in the national finals in
Washington, DC. Third-year students Geoff Leskie and
Jenne Relucio also competed at the regionals before helping
their classmates prepare for the nationals. Jeff Carter-
Johnson, coordinator of MSU Law’s Intellectual Property
Start-Up Project, and Professor Jennifer Carter-Johnson
coached the teams, which were sponsored by George
Moustakas of Harness Dickey. Attorneys from Brooks
Kushman, Price Heneveld, Foster Swift, and Young Basile
served as practice judges.
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2014 Appellate AdvocacyCompetition WinnersEach spring, all first-year students participate in the
Advocacy Oral Argument and Donald Nystrom Best Brief
competitions as part of the required curriculum. The events
mark important milestones in students’ 1L year.
Congratulations to this year’s oral argument winners:
» First place: Jay Lonick
» Second place: Daphne Bugelli
» Third place: Kyla Barranco and Frank Dame
The winners of the 2014 best brief competition, which is
funded by MSU Law Trustee Donald Nystrom, ’00, include:
» First place: Andrew Jurgensen
» Second place: Anne Puluka
» Third place: Timothy LeeThank you to our oral argument final round judges, the
Honorable Marianne Battani of the U.S. District Court for
the Eastern District of Michigan, the Honorable Mark
Boonstra of the Michigan Court of Appeals, and the
Honorable David McKeague of the U.S. Court of Appeals for
the Sixth Circuit; the more than 150 judges and practitioners
who offered feedback on students’ arguments in earlier
rounds; Moot Court & Trial Advocacy Board members, who
conducted practice arguments; Michigan State Law Review
members, who assessed semifinalists’ briefs; and Nystrom.
(clockwise, from top left) Judge Boonstra, Judge McKeague, Judge Battani,
Lonick, Bugelli, Barranco, and Dame
(clockwise, from top left) Huang, Kaisler, Strawbridge, Teme, and Dupree
M SU L aw Wel c o m e sNEW FACULTYMEMBERSDavid H. Blankfein-Tabachnick
Associate Professo r of LawM.S.L., Yale Law SchoolPh.D., University of VirginiaM.A., University of RochesterB.A., Ithaca CollegeBasic Income Tax B, Decedents’ Estates and Trust,
Tax Law Policy
David Blankfein-Tabachnick joins
MSU Law after working as a
visiting professor at Penn State’s Dickinson School of Lawand visiting scholar at Yale Law School. He is an affiliated
transnational professor at the Peking University School of
Transnational Law. Blankfein-Tabachnick has interests in
global law and international development and has published
works on property, intellectual property, contracts, torts, legal
and political theory, bankruptcy, and taxation. His work has
appeared in the California Law Review, Virginia Law Review, George
Washington Law Review, Connecticut Law Review, and Cambridge
University Press’s Social Philosophy and Policy. His articles have
been reprinted in Cambridge University Press volumes on
taxation and freedom of association and in Rawls and Law, acollection of articles by acclaimed legal scholars.
Joshua Wease Associate Professo r of LawAssistant Clinical Professor of LawLL.M., James E. Beasley School of Law at
Temple University J.D., Michigan State University College of Law
B.S., Michigan State University
Assistant Clinical Professor Joshua
Wease is responsible for general
operations and management of the
Alvin L. Storrs Low-Income Taxpayer Clinic. Before returningto Michigan State Law, his alma mater, Wease spent nine
years as a practicing tax attorney. After starting his career as
an Equal Justice Works Public Interest Law Fellow at MSU
Law’s tax law clinic, he worked as a senior attorney with
Foster Swift Collins & Smith. He then went on to become
managing partner at Wease Halloran, a boutique tax law firm.
He is admitted to practice in Michigan, the U.S. Tax Court,
the U.S. District Court for the Eastern District of Michigan,
U.S. District Court for the Western District of Michigan, and
the U.S. Supreme Court.
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ALTERNATIVEDISPUTE
RESOLUTIONTRAINING TOMORROW’SPROBLEM-SOLVERS
At its inception several decades ago, many believed the
legal concept of Alternative Dispute Resolution (ADR)would fail to take hold.
How wrong they were.
“Research shows only 2 percent of civil cases are now resolved
by trials,” says Professor Mary Bedikian, director of the Michigan
State Law ADR program she launched in 2003. “ADR has
brought a cultural change to the way lawyers practice law.
This dynamic has made it essential for law schools
to re-think how they train lawyers. The new legal
marketplace—in which ADR is institutionalized—
requires skills that focus on problem-solving
and communication.”
The ADR program prepares students for real-life
resolution of cases, both inside and outside the
courtroom. “Students learn to present a case and
evidence to an arbitration panel, strategize advocacy
efforts for a civil mediation, and determine the best and
worst alternatives to a negotiated agreement,” Bedikian says.
“Our program has been instrumental in embracing the curricular
changes at the Law College—changes that have made MSU Law
more robust and attractive to would-be attorneys,” she adds.
“Building the skills side of the curriculum has been both visionary
and daunting, but our success has ensured that students are
able to effortlessly move from law school to law practice.”
“ADR has
brought a cultural
change to the way lawyerspractice law. This dynamic has
made it essential for law schools
to re-think how they
train lawyers.”
—Professor Mary Bedikian
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NATIONALLYRECOGNIZED LEADERSBedikian, who has mediated hundreds
of cases, created one of the first
interactive ADR courses in Michigan
in 1987. She served for 28 years asdistrict vice president for the Detroit
Region of the American Arbitration
Association and was instrumental
in creating the ADR Section of the
State Bar of Michigan. Her extensive
experience in ADR spans many
sectors—including labor, commercial,
construction, international, and
employment—and she has trained
mediators and arbitrators in both
the process and substance of ADR.
Bedikian leads MSU Law’s ADRprogram with Associate Director
Brian Pappas, a mediation and
negotiation specialist who joined the
program in 2007. “ADR is the present
and the future,” he says. “Dispute
resolution—and especially mediation—
saves time and money, and empowers
people to reach their own decisions
and find creative solutions that may
go beyond what a court might decide.
MSU Law is the only law school in the
state with a named ADR program,and we are doing some very
innovative things.”
“Brian Pappas and Mary Bedikian
have been integral to the continued
development of problem-solving
approaches in Michigan’s trial courts,”
says Doug Van Epps, director of the
Office of Dispute Resolution at the
Michigan Supreme Court. “Whether
serving on Michigan Supreme Court
task forces, spearheading efforts for
the ADR Section of the MichiganState Bar, administering national
competitions, authoring articles, or
preparing law students for the next
generation of legal practice, Brian
and Mary’s expertise and guidance
is widely respected and appreciated.
Both have become nationally
recognized leaders in the field of
alternative dispute resolution.”
BUILDING BLOCKSFROM 1L TO 3L YEARStudents are exposed to Alternative
Dispute Resolution in their 1L year
through a required Contract
Negotiation course. The experiencegives students an understanding of
how the theory-based curriculum
will fit into their future legal practice.
“First-year students sometimes feel
disconnected from their original
motivations for becoming an
attorney,” says Caroline Kingston,
associate director for student
engagement. “By introducing this
practical component early on,
students can start to see how to
apply the theory and skills they’velearned to assist clients. Some
students find ADR is where their
passion and strengths lie, and this
opens up a career path separate
from traditional courtroom litigation.”
Second- and third-year students
can choose from a range of ADR
electives, including specialized
classes that fulfill State Court
“ADR is the
present and the future. . . .
MSU Law is the only law school
in the state with a named ADR
program, and we are doing some
very innovative things.”
—Professor Brian Pappas
Professors Mary Bedikian and Brian Pappas lead
MSU Law’s Alternative Dispute Resolution program.
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COMPETITION KUDOS
American Bar AssociationLaw Student Division
ARBITRATION
2013, 2012, 2011, 2010, and 2009
1ST PLACE—REGIONALS
20102ND PLACE—NATIONALS
NEGOTIATION
2013
3RD PLACE—REGIONALS
2ND PLACE—NATIONALS
2012
1ST PLACE—REGIONALS
NADR International Law SchoolMediation Tournament
2014
1ST PLACE MEDIATION TEAM
7TH PLACE MEDIATOR
2013
3RD PLACE MEDIATION TEAM
6TH PLACE CLIENT/ADVOCATE
2011
5TH PLACE MEDIATOR
Great Lakes MediationTournament
2014
1ST, 2ND, 3RD, AND 4TH PLACECLIENT/ADVOCATE
1ST PLACE MEDIATOR
2ND PLACE MEDIATION TEAM
4TH PLACE OVERALL
2013
1ST PLACE CLIENT/ADVOCATE TEAM
2ND PLACE OVERALL
2011
1ST PLACE MEDIATOR
Administrative Office training
requirements to serve on civil court
mediation rosters. “In my own legal
practice, both as a civil litigator and a
criminal prosecutor, I engaged in some
form of alternative dispute resolution
every day,” Kingston notes. “By giving
all of our students an introduction to
ADR in their first year and then
offering an array of specialized
courses in the upper-level curriculum,
we’re truly helping our students
become practice ready.”
MSU Law’s two newest clinical
programs also focus on ADR. The
Conflict Resolution Clinic, which is
led by Visiting Professor Nina Tarr,
opened this spring. The clinic equips
students with problem-solving skills
associated with mediation and other
conflict resolution methods.
Professor Benjamin Edwards
spearheads the Investor Advocacy
Clinic, which provides counsel for
investors who cannot secure private
legal representation due to the
relatively small size of their claims.
The securities law–focused clinic,
funded with a grant from the
FINRA Investor Education Foundation,
gives students experience drafting
arbitration and mediation materials
and mediating, settling, arbitrating,
or litigating cases.
Students also have an opportunity to
study how technology can facilitate
dispute resolution through an Online
Dispute Resolution (ODR) course.
The class—which itself is offered
online—provides practical, hands-on
experience while exposing students
to the cultural, ethical, political, and
practical implications of the evolving
field of online conflict management.
REINFORCING SKILLSTHROUGH
COMPETITIONSClassroom knowledge and skills are
reinforced by participation in regional,
national, and international ADR
competitions. “We have a gifted
group,” Pappas says. “I enjoy
watching students develop the
confidence to act professionally and
effectively in challenging situations.
“The practice of law requires effective
communications skills, and I like to say
that practice does not make perfect— perfect practice makes perfect. So the
self-awareness, planning, listening—a
major focus of mine—and ability to
execute are critical.”
The strong support and rigorous
training that MSU Law students get
as they prepare for competitions
pays off. The Law College has
“ADR competitions were an
absolutely incredible experience,
unlike any other in law school. I had an
opportunity that very few others get—an
opportunity to practice and hone my dispute
resolution skills in a competitive environment.
I was able to negotiate, mediate, and advocate
against other law students from around thecountry and around the world. ”
— Tony Chester, ’13
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claimed the regional championship
in the American Bar Association
Law Student Division Arbitration
competition for the past five straight
years, in addition to earning
numerous regional- and national-
level awards in negotiation and
mediation tournaments.
Pappas notes that students on
competition teams achieve
exceptional levels of skill, placing
themselves years ahead of most
practitioners and their counterparts
at other law schools. He adds that
the resume-building experience also
makes competitors more valuable and
marketable to prospective employers.
ALUMNI SUCCESS IN
THE REAL WORLDCarrie Waggoner, ’11, now a privacy
specialist at the Michigan Department
of Community Health’s Office of Legal
Affairs, was drawn to alternative
dispute resolution for its practical
skills–building opportunities and
importance in resolving disputes and
litigation. “I saw MSU Law’s program
as an opportunity to learn about
ADR and gain real-world practice
skills while still in school,” she says.
During her 3L year, Waggoner
was named “Best Mediator” in the
Great Lakes Regional MediationCompetition. Her team took first place
overall in the tournament, earning
$1,000 toward expenses and entry
fees for the International Mediation
Competition in London, England.
“The preparation and competition
gave me a lot of time to practice skills
I learned in class,” she says. “Since
graduating, I’ve practiced in two
different areas of law: employment,
which for me was more litigation-
focused, and now health care, whichfor me is currently transactional. The
skills I learned in the ADR program
have been valuable to my practice
both in resolving litigation cases
through mediation and arbitration,
as well as in negotiating contracts
and settlements.”
Michael Daum, ’11, works as a labor
and employment attorney with
Blitman & King in Syracuse, New
York. “It’s no secret the different
forms of ADR have become more
prevalent and oftentimes are stressed
as a more beneficial way to resolve
disputes than traditional litigation,”
he says. “I was drawn to arbitration
during a summer position at a firm
that focuses on labor and employment
law; arbitration is a key facet of that
area of law. I also knew that immersing
myself in ADR and arbitration could
help me learn how to problem solve
and communicate without having to
worry about as many procedural
technicalities that take up a lot of
students’ time in the mock trial world.”
Daum forged close relationships
with his ADR professors. “Class sizes
were smaller and projects were more
hands-on,” he says. “This gave me
the chance to learn invaluable
communication and negotiation
skills I apply every day at work and
even in my personal life.” Working
collaboratively with peers and
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First-Rate Faculty
MARY BEDIKIAN, ADR program director and professor of law
in residence
BRIAN PAPPAS, ADR program associate director and assistant
clinical professor
NINA TARR, visiting professor and director of MSU Law’s Conflict
Resolution Clinic
Experienced AdjunctsJOSEPH BASTA, mediator in commercial disputes, elder care,
and domestic relations
MICHAEL JOHN DODGE, vice president and general counsel of
Chrysler Insurance Co., associate general counsel of
Chrysler Financial Services Americas, extensive
background as a negotiator
BENJAMIN EDWARDS, director of MSU Law’s Investor Advocacy Clinic
GEORGE ROUMELL JR., senior partner with the law firm of
Riley, Roumell and Connolly; serves on Federal Mediation
and Conciliation Service, American Arbitration Association,and Michigan Employment Relations Commission
professors in competitions was a
good primer for life in a law firm, he
notes. “Also, seeing students from
other law schools allowed me to see
how favorably our preparation and
training compared, which added to
the confidence I had in what I was
learning and who I was learning
it from.”
During his 3L year, Daum assisted
Bedikian in updating a treatise on
ADR in Michigan. The project put him
in contact with the Office of Dispute
Resolution of the Michigan Supreme
Court, which hired him as an
independent contractor to help
create a report to the Supreme
Court titled “The Effectiveness of
Case Evaluation and Mediation in
Michigan Circuit Courts.”
Anthony Chester, ’13, says his
introduction to ADR was “somewhat
happenstance.” He recalls, “During my
1L year, I saw a flier for an intra-school
negotiation competition. I decided to
enter, and made it all the way to the
final round. Professor Pappas asked
me to join the negotiation team
the following year and things
just snowballed.”
Serving as a teaching assistant gave
Chester a unique opportunity to
further his ADR education and
pushed him to choose a career path
in which he could continue to teach.
“I spent a lot of time learning basic
ADR principles. I learned even more
when I put those principles into
practice in various competitions,”
he says. “The next step was helping
teach those skills to other students.
It taught me how to convey nuance
and how to really work with others in
a different light. I loved working with
other students and the experience
pushed me to choose a career path
where I could continue to do so.”
Now a project administrator for the
Dispute Resolution Institute and
Master in the Study of Law program
at Hamline University School of Law,
Chester enjoyed observing and
mediating cases at the United Way
in Jackson and the Dispute Resolution
Center in Lansing during his time in
the ADR program. “It was great to put
ADR skills to work when the stakes
were real,” he says. “I felt I was finally
able to contribute something
meaningful to people in need.”
“Without Professor Pappas’s guidance
and Professor Bedikian’s mammoth
effort in establishing the ADR
program, I wouldn’t be where I am
today,” Chester adds. “They truly are
on the cutting edge of ADR practice
and teaching, and are building
something great at MSU Law.
Without question, the most valuable
part of my law school experience was
my involvement in the ADR program,
where I learned skills I feel are
invaluable no matter what work
I do in the future.”
Chester served as the first president
of the Alternative Dispute Resolution
Board, which provides leadership
and structure for the school’s ADR
teams. The gavel was wielded this
past year by 3L Lauren Prew, who
was drawn to ADR through the 1L
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course at MSU Law provided her
with active listening, negotiation,
and problem-solving skills that are
useful in mediations, facilitations,
and daily negotiation and settlement
discussions; it also led to her
certification in the field. “It’s an
excellent addition to my resume
and has been brought up in every
single, post-law school interview
I’ve had,” she notes.
THE NEXT DECADEOF ADR AT MSU LAWFrom its inception, the Alternative
Dispute Resolution program at
Michigan State Law has focused on
providing students with diverse and
transferable skills. “Our goal for the
next decade is to maximize student
opportunity by building on our
current platform,” Bedikian notes.
“We will continue to strengthen and
expand our practical skills–building
course offerings, strong competition
teams, and externship opportunities
that give students an opportunity to
apply their skills in the workplace.”
Contracts Negotiation course. “MSU
Law’s ADR program is particularly
adept at providing a well-rounded
approach to teaching conflict
resolution, with class opportunities,
competition teams, and events with
various alumni and professionals
with excellent ADR experience,” she
says. “The faculty truly is dedicated
to students’ development and always
available to help students find what
it is they want to achieve in the
legal profession.”
Prew’s externship in the Department
of Compliance at the University of
Michigan Health Systems led to a
summer associate position doing
health care and corporate work at
Jackson Walker in San Antonio. She
will return to the firm as a first-year
associate this fall.
As a teaching assistant for Pappas,
Prew enjoys working with and
coaching students as they develop
the skills to conduct their own
mediations. “MSU Law’s mediation
curriculum not only provides
certification in domestic and civil
mediation, but truly stresses the
importance of developing
communication skills essential to the
modern lawyer—the ability to listen
effectively, the power to serve as a
neutral facilitator, and the knowledge
necessary to be an effective advocate
for a client,” she says. “My mediation
course is the most important one I
took at MSU Law, and the one that
provided me with the greatest
amount of real-world experience.”
Jenna McGrath, ’11, an associate
with Vandeveer Garzia in Troy, took
a mediation class to fulfill credit
requirements. Drawn to the area,
she then took other ADR classes and
participated on teams to expand her
skill set. “As clients are increasingly
interested in cost-saving measures
and court dockets continue to be
overfilled, ADR provides an alternative
avenue to resolve disputes while
promoting client goals,” she says.
While litigation is the main focus of
her practice, mediation and litigation
can coincide to offer a more flexible
and effective approach, McGrath
notes. She says her mediation
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SCHOLARLY Events
This year’s Journal of Medicine and Law symposium examined
whether dying adolescents should be able to make their own
end-of-life medical decisions.
The February 7 event titled “Living with Terminal Illness:
Should Adolescent Minors Make Decisions at the End of
Their Lives?” featured doctors’ and scholars’ varying
perspectives on the challenging topic. Panelists discussed
ethical issues involved, possible frameworks to change
minors’ decision-making role, and relationships in end-of-life care.
“The challenge with teens is that this is a period in which
they are struggling with their own identity and trying to
decide who they are and what kind of values they have,”
said Dr. Thomas Tomlinson, who directs MSU’s Center for
Ethics and Humanities in the Life Sciences.
“They may be perfectly able to understand the facts, but
not really have a stable or mature set of values to use in
making decisions about choices in the face of those facts,”
he noted. “That can be the challenge in deciding what
degree of autonomy or authority one should provide a
teenage patient when it comes to end-of-life decisions.”
Living with Terminal Illness:Should Adolescent Minors
Make Decisions at the Endof Their Lives?
(from left) Journal of Medicine and Law Consulting
Editor Louis Kraus and Dr. Jatinder Bhatia,
professor and chair of neonatology at Georgia
Regents University, Augusta
Deforestation and BiodiversityLoss in a Climate Change ContextThe Journal of Animal & Natural Resource Law presented its annual
scholarly event, “Deforestation and Biodiversity Loss
in a Climate Change Context,” on March 28.
The symposium highlighted causes and consequences of
climate change, with a focus on rainforest deforestation andresulting threats to wildlife and biodiversity. Topics included
socioeconomic and political drivers of deforestation, forest
carbon monitoring, managed relocation of species, and
international conservation development projects.
Molly Walker Wilson, co-dir
the Center for the Interdisc
Study of Law and associate
professor at Saint Louis Uni
School of Law
Joseph P. Messina, professor of geography at MSU’s Center
for Global Change and Earth Observations
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Beyond the Horizon:
A Look at the Current and FutureState of BusinessThe Journal of Business & Securities Law focused its second
annual symposium on the current and future state of
business. Topics at the March “Beyond the Horizon” event
included start-up companies, intellectual property, and
technology. Prominent businessmen and experienced
attorneys discussed topics including financing, IP
legislation, IP valuation, cloud storage, workplace
technology, and social media practices and policies.
Executive Editor Silvia Mansoor said the event highlighted practical IP- and technology-focused issues that students
and new attorneys need to be aware of. “The room was full,
the audience was engaged, and the presenters were very
enthusiastic, professional, and straight-forward,” she said.
“The success of the event reflected positively upon the
journal and the law school, while paving the way for even
greater symposia in the future. I am eager to see what the
future holds for the journal.”
Neither Here Nor There: A World of Shifting PopulationsThe Michigan State International Law Review raisedawareness of issues surrounding international migration
and immigration in its annual symposium titled “Neither
Here Nor There: A World of Shifting Populations.” The
journal kicked off and drew attention to its mid-February
event with a live ice sculpture carving of Lady Liberty and
an Instagram contest.
Topics at the scholarly gathering included international
migration and development, managed migration, migration
policies, climate change and migration, and migrant
integration. The event featured keynote addresses by Dr.
Demetrios Papademetriou of the Migration Policy Institute
and Migration Policy Institute Europe and Dr. Alejandro
Portes of the Center for Migration and Development at
Princeton University.
Zadora Hightower, executive editor of the journal, called
the event “an excellent opportunity to discuss the happenings
in immigration and international migration, as well as
misconceptions about the topic.”
Live ice sculpture
carving of Lady Liberty
Steven Bennett, executive director of Prima Civitas
Robin Bronen, executive director of the Alaska In
for Justice and senior research scientist at the Ins
of Arctic Biology, University of Alaska, Fairbanks
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The Michigan State Law Review capped off the spring symposia
season in April with “Pursuing the Dreams of Brown and the
Civil Rights Act: A Living History of the Fight for Educational
Equality.” The symposium was part of Project 60/50—a
one-year, university-wide series of events celebrating the
60th anniversary of Brown v. Board of Education and the 50th
anniversary of the Civil Rights Act of 1964.
The symposium analyzed how school desegregation andintegration have unfolded across the country by examining
landmark U.S. Supreme Court decisions. Participants also
discussed how problems and potentials identified could
continue to develop in the years to come.
“We were honored to host incredible people who were a
part of making history,” said Professor Kristi Bowman.
“Faculty from various disciplines, lawyers, and the laypeople
involved in these cases don’t often gather to talk about
school desegregation—but this event demonstrated how
incredibly important it is for us to learn from one another.”
Speakers included 2010 Presidential Medal of Freedom
Recipient Sylvia Mendez, a litigant in a key California schoolsegregation case; Jack Greenberg, a member of the NAACP’s
legal team in Brown; and retired U.S. Court of Appeals Judge
Nathaniel Jones, counsel for the NAACP in a Detroit-area
case prohibiting court-ordered busing. Dr. Gary Orfield, a
leading expert on school desegregation, delivered the
keynote address.
“It was enlightening to hear from more than fifty
presenters who were deeply involved in school
desegregation,” said Law Review Senior Symposia Editor
Shannon Smith. “Hearing Sylvia Mendez and her brotherspeak about their experiences integrating schools in
California as children was eye-opening—particularly as they
discussed moving from the comfort of their segregated
schools into new integrated schools where they clearly were
not welcome.”
The symposium was co-sponsored by the University of
Missouri–Kansas City School of Law. Each panel included
speakers in both East Lansing and Kansas City who
interacted via real-time video conference. Other co-sponsors
included the MSU College of Education; MSU Department
of Political Science; MSU LeFrak Forum on Science, Reason,
and Modern Democracy; MSU Office for Inclusion andIntercultural Initiatives; and Education Law Association.
MSU Law also hosted two Project 60/50 inspired art exhibitions this
spring: “Black in White America,” a photographic essay by Leonard
Freed on African American life during the civil rights movement, and
“One of Michigan’s Own: Viola Liuzzo—An Exemplary Woman in
Extraordinary Times,” which chronicled the life of a Detroit civil rights
worker who was killed by Ku Klux Klan members following the 1965
March to Montgomery. The Diversity Services Office held two film
events related to the 60/50 initiative. This fall, the Frank J. Kelley
Institute of Ethics & the Legal Profession will continue the Law
College’s Project 60/50 event series with its annual lecture.
Pursuing the Dreams of Brown and the Civil Rights Act: A Living History of the Fight for Educational Equality
(from left) Robert Green, retired dean of the
MSU College of Urban Development; Donald
Heller, dean of the MSU College of Education;
and Arlena Hines Vanessa Siddle Walker, professor at
Emory University
Symposium organizers, presenters, and attendees
continued the conversation over meals
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The Lori E. Talsky Center for Human Rights of Women and
Children continued its annual lecture series this spring with
talks highlighting three diverse international human rights
law issues.
On February 5, the center hosted Dr. Ioana Cismas
for a lecture titled “Food: You Have a Human Right
to It—No Matter What Congress Says.” Dr. Cismas
is a coordinator at the Geneva Academy of
International Humanitarian Law and Human Rights,
consultant at the U.N. Office of the High
Commissioner of Human Rights, and former advisor
to the U.N. Special Rapporteur on the Right to Food.
“To judge from current efforts by Congress to make it
difficult for poor people to afford eating, you’d never know
that there has long been an international human right to
food,” said Professor Susan Bitensky, the Alan S. Zekelman
Professor of International Human Rights Law and director
of the Talsky Center. “Indeed, human existence depends on
its fulfillment, as does a person’s exercise of all other rights.”
Catherine Albisa, executive director of the National
Economic & Social Rights Initiative, presented a talk titled
“Obamacare: Working Toward the Human Right to
Healthcare in the United States” on March 12. According to
Talsky Center News
ReInvent Law News
Bitensky, the talk offered “broader and more humanely
designed parameters” for addressing the nation’s
healthcare goals. “While our country has been
preoccupied with Obamacare, very few Americans
seem to be aware that there is such a right under
international law which sets much higher standards
for ensuring people’s health.”
The Talsky Center closed its 2013–14 academic series with
an April 2 lecture by David Fathi, director of the American
Civil Liberties Union National Prison Project. Fathi’s talk
examined prolonged solitary confinement of prisoners as a
violation of international human rights law.
“There are approximately 80,000 prisoners held in
solitary confinement in the United States. They are
locked down for weeks, months, or decades,
suffering sensory deprivation and a lack of any
meaningful human contact. Many inmates are
severely psychologically damaged by these
conditions,” Bitensky noted. “Now, thankfully, a
strong argument is being advanced by human rights jurists
like David Fathi that such prolonged solitary confinement
violates international law’s prohibition on torture and cruel,
inhuman, and degrading treatment.”
ReInvent Law NYCMSU Law’s ReInvent Law Laboratory partnered with the
ABA Journal and Ewing Marion Kauffman Foundation to
present ReInvent Law NYC on February 7. More than 40
law, technology, and business experts delivered engaging,fast-paced talks at the event. The event was part of a
week-long legal technology awareness series at the historic
Cooper Union Great Hall in New York City.
“This is an exciting opportunity for the ABA Journal to
continue the conversation we started six years ago with our
Legal Rebels project about the paradigm shift facing the
legal profession,” said Allen Pusey, editor and publisher of
the ABA Journal. “On this platform, we can see first-hand
[and share] what creative, forward-thinking lawyers are
doing to address a changing marketplace.”
Kudos Are in OrderProfessor Daniel Martin
Katz, co-director of the
ReInvent Law Laboratory,
was named an editor of theInternational Journal of Law
and Information Technology, a
triannual publication of
Oxford University Press. He also
was named to the editorial board
of Springer’s Journal of Artificial
Intelligence & La w and is a member
of the ABA Task Force on Big
Data and the Law.
Legal technology expert
Richard Susskind gave
the ReInvent Law NYC
closing address on
“The Past, Present, and
Future of AI + Law.”
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Study: Hundreds of PeopleSentenced to Death Are InnocentAlthough it’s conventional
wisdom that false criminal
convictions are extremely
rare, the rate of wrongful
death sentences in the United
States is much higher than
many experts previously
estimated. As many as 300
people who were sentenced
to death in the U.S. over a30-year period likely were innocent, according to a new
study co-authored by Professor Barbara O’Brien.
The study, which was published in the Proceedings of the
National Academy of Sciences in April, estimates that more
than four percent of the 7,482 prisoners who received death
sentences between 1973 and 2004 were falsely convicted.
That is nearly three times the 117 prisoners exonerated
during that period.
Though most innocent defendants who have been sentenced
to death have not been exonerated, these prisoners have not
necessarily faced wrongful execution—many had theirsentences reduced to life in prison due to legal errors not
directly related to innocence.
“The judicial system devotes its greatest scrutiny to prisoners
facing execution. Once that threat is removed—typically
when the defendant is resentenced to life in prison—the
chances of exonerating the falsely convicted drop
dramatically,” O’Brien says. “Our study gets at just how
high the exoneration rate would be if that scrutiny
continued. It’s disturbing because it suggests that innocent
people are forgotten once they leave death row, even though
they may still face a terrible penalty.”The study—co-authored by University of Michigan professor
Samuel Gross, Chen Hu of the American College of Radiology
Clinical Research Center, and the University of Pennsylvania’s
Edward Kennedy—made headlines among prominent media
organizations, including Newsweek, Reuters, Time, the New York
Times, and Vox . The authors used statistical analysis derived
from the study of medicine to look at the probability of
someone sentenced to death being exonerated had he or
she remained on death row for up to 20 years.
Professor Points Out Holes inBroker Background Check ToolFINRA, the securities
industry’s self-regulatory body,
could provide much more
information to investors,
according to a study co-
authored by Professor
Benjamin Edwards, who
directs MSU Law’s Investor
Advocacy Clinic. FINRA’s
BrokerCheck website—anonline tool that provides background information about
investment professionals—excludes important information
about tax liens, bankruptcies, terminations, and broker
licensing exam scores and failures.
The study explained that investors relying on BrokerCheck
might select “brokers with whom they would not do business
if they had access to the more complete picture.” It points out
that much of the information omitted by BrokerCheck is
already public information—albeit less easily accessed.
Covering the study, the Wall Street Journal explained that
“potential black marks [were] scrubbed from BrokerCheck,”including information in the public records database behind
the website.
Edwards’ study, which garnered extensive media coverage,
has made significant waves. Shortly after it was published,
U.S. Senators Jack Reed and Chuck Grassley issued a joint
statement responding to the study and calling for action.
The senators stated that they were “concerned that crucial
red flags and potential warning signs are not readily available
to investors.”
In a June 1 op-ed published in InvestmentNews, Edwards made
clear that “FINRA’s BrokerCheck system offers investors apowerful tool to do a little due diligence on their broker” and
that “including more comprehensive information—especially
when that information is already in the database—would
make it more powerful at a marginal cost.”
The study was released on March 6 by the Public Investors
Arbitration Bar Association. It was co-authored by PIABA
President Jason Doss and Christine Lazaro, director of the St.
John’s University School of Law Securities Arbitration Clinic.
FACULTY HighlightsMichigan State Law faculty members are leading scholars in a wide variety of legal fields. Here is a look at a few of their recent projects . . .
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Advocating for Well-InformedBankruptcy Code ReformProfessor Anne Lawton joined
the American Bankruptcy
Institute’s Commission to
Study the Reform of Chapter
11 as a consultant to the
Advisory Committee on
Governance and Supervision
of Chapter 11 Cases and
Companies. The ABI is
expected to propose reformsto the U.S. Bankruptcy Code, which the commission has
described as “antiquated.”
Professor Lawton, who specializes in bankruptcy and
contract law, presented testimony at a commission field
hearing last November about small business reform. Small
business debtors make up a significant number of cases of
chapter 11—a section of bankruptcy law established in 1978
that permits reorganization.
Lawton’s scholarship focuses on predictors of chapter 11
success and the impact of 2005’s Bankruptcy Abuse
Prevention and Consumer Protection Act on those qualifying as small business debtors. In her testimony, she explained that
the overarching theme of her work is that “reform should be
undertaken only if the reform effort is informed by well-
defined problems and well-articulated objectives. Otherwise,
we end up solving problems that, in fact, are not actually
problems, and creating solutions that do not fit the problems
that do exist.”
Lawton argued that reducing the cost and complexity of
chapter 11 may play a significant role in improving plan-
confirmation rates for small business debtors with reasonable
prospects for reorganization. However, more data about thecauses of small business failure is needed prior to amending
the U.S. Bankruptcy Code to “solve” this problem of weak
performance of chapter 11 small business debtors. “Without
a clear grasp of the reasons for small business failure in
chapter 11, it is impossible to evaluate proposals for reform,”
Lawton said.
Mobile Medical Apps: Scientificand Political Speech?In fall 2013, the Federal Drug
Administration first explicitly
asserted regulatory authority
over the increasingly popular
mobile medical apps and other
digital services that allow
users to access medical
records, create medical data,
and even diagnose and treat
themselves. But this digitalhealthcare data is both scientific and political speech, and
therefore deserving of full First Amendment protection,
according to a new paper by Professor Adam Candeub.
Digital medicine—which includes tools such as mobile
medical apps for patients and practitioners, as well as
inexpensive computerized DNA sequencers—has the
potential to fundamentally transform healthcare. Tens of
thousands of smartphone medical apps already are on the
market, Candeub says, “democratizing medicine” by
enabling individuals to use their own medical data and
deliver their own diagnoses.In “Digital Medicine, the FDA, and the First Amendment”
(forthcoming in the Georgia Law Review), Candeub explains
that the FDA’s regulations threaten to control and even slow
innovation in the field—and are likely to spark lengthy,
high-profile litigation in the near future. He notes that the
administration stands on firm legal ground in exercising its
authority over medical devices that invasively measure bodily
functions or take physical specimens. However, he argues,
applications that simply gather or process information are
beyond the FDA’s regulatory reach because they are simply
speech—and should receive First Amendment protections.
Candeub’s paper builds on recent U.S. Supreme Court
decisions to add to the debate concerning the First
Amendment’s application to information and computer
code. Because digital healthcare applications produce pools
of data that can be used by consumers and researchers to
better assess health and advance medical understanding,
Candeub says, code and applications that create healthcare
information are protected scientific and political speech.
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Dear Alumni and Friends,Each and every time I meet
with alumni and friends
of the Law College, I am
inspired by what they do
both professionally and
in the community, how
involved they are in their
communities, and how
passionate they are about
their work.
Robert Worthington, ’07, senior vice president at MercantileBank of Michigan, recently was named “Father of the Year”
by the American Diabetes Association for demonstrating a
healthy balance between his career at Mercantile and an
enriching family life.
Mayor “Mike” Morganroth, ’54, this year celebrates 60 years
since graduating from Detroit College of Law. Mike recently
joined the Michigan State Law Board of Trustees, and he
carries a full case load with his fellow attorneys—including
his two children, Jeffrey and Cherie—at Morganroth
and Morganroth.
Teresa Sebastian, ’93, senior vice president, general counsel,
and corporate secretary for Darden Restaurant, serves on the
Board of Trustees for the United Negro College Fund and also
mentors law students on career development.
I enjoy sharing these vignettes and others in MSU Law’spublications, on the Law College website, and in other
promotional materials. I don’t always know what alumni and
friends are doing in their communities and professionally, so
I encourage you to let me know so we can recognize your
involvement in building better communities and serving your
clients in the best way possible.
We want to know how we can best serve your needs as
they relate to correspondence and information via Amicus,
the Dean’s Report, e-newsletters, and other media. Please
complete the enclosed Communication Survey to help us
provide quality communication pieces that you find relevant,helpful, interesting, and effective—pieces that encourage your
engagement with your law school.
You may fill out the survey online at www.law.msu.edu/
communicationsurvey.html or complete the version on the
enclosed sheet and return it using the attached envelope.
Thank you for all you do, and be sure to let your voice be
heard by filling out the survey.
Warm regards,
Tina Kashat Casoli
Director, Office of Advancement
A MESSAGE from the Office of Advancement
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(from left) S. Gary Spicer, ’69, Jeffrey Littmann, ’84, 3L Lauren Fritz,
Robert Carr, ’88, and John F. Schaefer, ’69
(from left) James Stokes, ’88, Dean Joan Howarth, and Frederick
Hoffman, ’85, tour MSU Law for the first time.
Michigan State Law’s Sports Law Society and Business Law
Society were pleased to host distinguished graduates for
a panel on the sports and entertainment law industry on
November 20, 2013. Panelists included Jeffrey Littmann, ’84,
chief financial officer of the Buffalo Bills; S. Gary Spicer, ’69,
sports and entertainment law attorney; and Robert Carr, ’88,
senior vice president of operations for Olympia Entertainment
and the Detroit Red Wings.
Third-year student Lauren Fritz organized the event, which
was moderated by John Schaefer, ’69, trustee emeritus,
adjunct professor, and family law attorney.
James Stokes, ’88, and Frederick Hoffman, ’85, recently
pledged $30,000 to create scholarship support for law
students who are active in the LGBT student group.
“Detroit College of Law was our law school that we loved
very much,” said Stokes, who recently visited the Law College
at its current East Lansing location for the first time. “After
seeing what DCL has become, the wonderful building in East
Lansing, and the DCL traditions being carried out there, the
more we saw how much better of a place our Law College is
with MSU.”
“We are pleased to support LGBT students at the LawCollege. Tuition is expensive, yet we need good lawyers,”
Hoffman added. “We also hope to be a resource for LGBT
students who may benefit from experienced attorneys who
once were students, too.”
Prominent alumnus Dennis
Archer, ’70, will lead an
American Bar Association
Task Force that will make
recommendations on how
law schools can control the
cost of attendance.
As chair of the newly formed
ABA Task Force on Financing
a Legal Education, Archer will
oversee the examination of
Sports and Entertainment LawEXPERTS SHARE STORIES
Alumni Create LGBT SCHOLARSHIP
Archer to Chair ABA TASK FORCE on Cost of Attending Law School
law school financing, student
loans, educational debt,
merit scholarships, tuition
discounting, and need-based
aid. The 14-person task force
also includes law school
deans, practicing attorneys,
law professors, affordability
advocates, and an associate
justice of the California
Supreme Court.
Archer is chairman emeritus
of the Detroit-headquartered
law firm Dickinson Wright.
He served as an associate
justice on the Michigan
Supreme Court from 1986 to
1990, as mayor of the City of
Detroit from 1994 to 2001, and
as president of the American
Bar Association for 2003–04.
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